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Name: People v. Konow
Case #: S111494
Court: CA Supreme Court
District CalSup
Opinion Date: 04/22/2004

A superior court reviewing a motion to set aside the information under Penal Code section 995 is authorized to review a prior order of the superior court compelling the magistrate to reinstate the complaint under Penal Code section 871.5, and that review of the prior order does not violate the California Constitution. Further, the superior court may set aside an information under section 995 where the magistrate has erroneously and prejudicially failed to consider whether to dismiss a complaint in furtherance of justice under section 1385.